Presenters:
Clayton Wolf

I. Discussion: At
the January meeting, the
Commission voted to adopt
the elimination of fawn
reports for scientific breeders.
The Commission also authorized
staff to publish for public
comment in the Texas Register
a proposal that would modify
the provisions governing
release of scientific breeder
deer to the wild and would
require scientific breeders
to file with the department
a diagram of any enlargements
or additions to a scientific
breeder facility prior to
the introduction of deer
to the enlargement or addition.
The proposal appeared in
the February 21, 2003 issue
of the Texas Register (28
TexReg 1608). Staff will
provide a summary of public
comment concerning the proposal
at the time of the meeting.

"The Texas Parks
and Wildlife Commission
adopts 31 TAC §65.602
and §65.603, concerning
Scientific Breeder’s
Permits, with changes
to the proposed text as
published in the January
21, 2003, issue of the
Texas Register (28 TexReg
1608)."

Scientific
Breeder Permits
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes amendments
to §65.602 and §65.603,
concerning Scientific Breeder's
Permits. The amendment to §65.602,
concerning Permit Requirement
and Permit Privileges, would
modify the current regulation
(which requires the department
to approve the liberation
of scientific breeder deer
to the wild prior to such
liberation) by prohibiting
the release of scientific
breeder deer to the wild
unless the deer are released
directly from a herd covered
by a current, valid herd
health plan approved by
Texas Animal Health Commission
(TAHC) or the deer meet
the entry requirements for
deer established by TAHC.
The department’s rule
as currently in effect is
a control mechanism intended
to prevent the unrestricted
release of deer to the wild
and was intended as a component
of the department’s
overall strategy to detect
and if necessary contain
chronic wasting disease
(CWD), which is necessary
to protect both the interests
of deer breeders and the
health of a public resource
that generates approximately
$600 million per year in
economic activity associated
with hunting.

The amendment to §65.603,
concerning Application and
Permit Issuance, would require
permittees who enlarge existing
pens or add new pens to
a facility to submit a diagram
of the additions or enlargements
prior to placing deer in
them. The amendment would
also clarify that no diagrams
need be submitted with annual
permit renewals provided
the facility has not been
enlarged or added to. The
department would like to
make clear that the diagram
requirement is not subject
to approval or disapproval
by the department. The amendment
is necessary to enable wardens
and biologists to accurately
track the numbers and location
of white-tailed deer in
or originating from scientific
breeder facilities.

The amendment to §65.602,
as well as several other
previous rulemakings, are
in response to the emergence
of CWD in both captive and
free-ranging deer populations
in other states, which is
of concern due to the potential
threat to wild deer and
livestock populations in
Texas. The biological and
epidemiological nature of
CWD is not well understood
and has not been extensively
studied, but it is known
to be communicable, incurable,
and invariably fatal. The
department has worked closely
with the Texas Animal Health
Commission to characterize
the threat potential of
CWD to native wildlife and
livestock, and to determine
the appropriate level of
response. The department
strongly believes that vigilance
and early detection are
crucial to minimizing the
severity of biological and
economic impacts in the
event that an outbreak occurs
in Texas, and that the implementation
of reasonable rules to prevent
the spread of the disease
if in fact it is present
in Texas is warranted.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years that the rules
as proposed are in effect,
there will be no fiscal
implications to state and
local governments as a result
of enforcing or administering
the rules.

3. Public Benefit - Cost
Note.

Mr. Macdonald has also
determined that for each
of the first five years
the rules as proposed are
in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed will
be the protection of wild,
native deer from communicable
diseases, thus ensuring
the public of continued
enjoyment of the resource,
as well as the protection
of the multi-million dollar
hunting industry.

(B) There will be minimal
adverse economic effect
on small businesses or microbusinesses.
Although there is no charge
imposed by the Texas Animal
Health Commission for participation
in or obtaining a herd health
plan, there are minimal
direct costs associated
with ear-tagging animals
for purposes of identification
under 4 TAC Chapter 40.
The department is unable
to quantify the indirect
costs of compliance, as
the effort and infrastructure
cost of handling deer varies
widely from facility to
facility. Additionally,
there is a cost associated
with deer mortalities, in
that any mortality within
a breeder facility will
have to be tested for CWD.
This cost consists of a
veterinary visit and the
actual cost of the test.
The department estimated
the maximum cost at $140
per deceased deer. The charge
for a visit varies across
the state, but should not
be more than $100, and the
diagnostic lab test is $25
for a brainstem in formalin,
or $25 for a complete head,
plus a $15 disposal fee
by the lab.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by the Administrative
Procedures Act, §2001.022,
as the agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

The amendments are proposed
under Parks and Wildlife
Code, Chapter 43, Subchapter
L, which authorizes the
Parks and Wildlife Commission
to establish regulations
governing the possession
of white-tailed and mule
deer for scientific, management,
and propagation purposes.

(a) No person may possess
a live deer in this state
unless that person possesses
a valid permit issued by
the department under the
provisions of Parks and
Wildlife Code, Chapter 43,
Subchapters C, E, L, or
R.

(b) A person who possesses
a valid scientific breeder's
permit may:

(1) possess deer within
the permitted facility for
the purpose of propagation;

(2) engage in the business
of breeding legally possessed
deer within the facility
for which the permit was
issued;

(3) sell deer that are
in the legal possession
of the permittee;

(4) release deer from a
permitted facility into
the wild as provided in
this subchapter[, provided
the permittee has received
written approval from the
department prior to the
release];

(5) recapture lawfully
possessed deer that have
been marked in accordance §65.607
of this title (relating
to Marking of Deer) that
have escaped from a permitted
facility;

(6) temporarily relocate
and hold deer in accordance
with the provisions of §65.610(a)(2)
and (3) of this title (relating
to Transport of Deer and
Transport Permit) for breeding
or nursing purposes; and

(7) temporarily relocate
and recapture buck deer
under the provisions of
Subchapter D of this chapter
(relating to Deer Management
Permit).

(c) No person may
release a deer obtained
or possessed under this
subchapter to the wild
unless the person can
prove that the deer:

(1) came directly
from a facility enrolled
in a current, valid herd
health plan for cervidae
approved by Texas Animal
Health Commission; or

(2) meets the entry
requirements established
by 4 TAC §51.10 (relating
to Cervidae).

§65.603. Application
and Permit Issuance.

(a) An applicant for an
initial [a]
scientific breeder's permit
shall submit the following
to the department:

(1) a completed notarized
application on a form supplied
by the department;

(2) a breeding plan which
identifies:

(A) the activities proposed
to be conducted; and

(B) the purpose(s) for
proposed activities;

(3) a letter of endorsement
by a certified wildlife
biologist which states that:

(A) the certified wildlife
biologist has reviewed the
breeding plan;

(B) the activities identified
in the breeding plan are
adequate to accomplish the
purposes for which the permit
is sought; and

(C) the facility identified
in the application is adequate
to conduct the proposed
activities;

(4) a diagram of the physical
layout of the facility;

(5) the application processing
fee specified in §53.8
of this title (relating
to Miscellaneous Wildlife
Licenses and Permits); and

(6) any additional information
that the department determines
is necessary to process
the application.

(b) A scientific breeder's
permit may be issued when:

(1) the application and
associated materials have
been approved by the department;
and

(2) the department has
received the fee as specified
in §53.8 of this title
(relating to Miscellaneous
Wildlife Licenses and Permits).

(c) A scientific breeder's
permit shall be valid from
the date of issuance until
the immediately following
March 31.

(d) A scientific breeder's
permit may be renewed annually,
provided that the applicant:

(1) is in compliance with
the provisions of this subchapter;

(2) has submitted a notarized
application for
renewal [and
associated materials required
by this section];

(3) has filed the annual
report in a timely fashion,
as required by §65.608
of this title (relating
to Annual Reports and Records);
and

(4) has paid the permit
renewal fee as specified
in §53.8 of this title
(relating to Miscellaneous
Wildlife Licenses and Permits).

(e) An authorized agent
may be added to or deleted
from a permit at any time
by faxing or mailing an
agent amendment form to
the department. No person
added to a permit under
this subsection shall participate
in any activity governed
by a permit until the department
has received the agent amendment
form.

(f) If a scientific
breeder facility is enlarged
or added to, the permittee
shall submit an accurate
diagram of the facility,
including the additions
or enlargements, to the
department. No person
shall introduce or cause
the introduction of deer
to a pen that has been
added or enlarged unless
the diagram required by
this subsection is on
file at the department’s
Austin headquarters.

(g) The
department may, at its discretion,
refuse to issue a permit
or permit renewal to any
person finally convicted
of any violation of Parks
and Wildlife Code, Chapter
43.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency's authority to adopt.